Umesh Mandal @ Umesh Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17207 of 2026 Arising Out of PS. Case No.-47 Year-2025 Thana- MAHILA P.S. District- Madhubani ====================================================== Umesh Mandal @ Umesh Kumar Mandal, Son of Ram Gulam Mandal, R/o Village- Satlakha, Mani Das Tol, P.S.- Rahika, District- Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rani Kumari W/O - Mithilesh Mandal, R/O- Vill- Satlakha Mani Das Tol, P.S.-Rahika, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the State :
Md. Nazir Ansari, APP For the informant :
Mr. Shailendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-06-2026 Heard Mr. Gagan Deo Yadav, learned Advocate for the petitioner and the learned APP for the State. The informant is represented through Mr. Shailendra Kumar Jha, learned Advocate.
2. The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 47 of 2025 registered for the offences under Sections 126(2), 115(2), 76, 85, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act.
3. Based upon the written report, it is alleged that the marriage of the informant was solemnized with the brother of the petitioner in 2016, however, the family members, including
Patna High Court CR. MISC. No.17207 of 2026(3) dt.24-06-2026 2/3 the petitioner, were indulged in abusing and assaulting. On 21.09.2024, the husband of the informant brutally assaulted her and also demanded Rs.5,00,000/-. It is further alleged that this petitioner also keeping evil eye over her and on 08.06.2025 while the informant was alone she was assaulted and her clothes were torn. On 24.06.2025, all the accused persons ousted her from the matrimonial house and when the informant tried to organize Panchayati on 05.07.2025, they refused to do so.
4. Learned Advocate for the petitioner taking this Court through the F.I.R. contended that the entire occurrence took place on 21.09.2024, 08.06.2025 and finally on 24.06.2025, but the present F.I.R. came to be instituted on 30.07.2025. The allegation against the petitioner is of keeping evil eye over the informant and causing assault does not inspire confidence, as no complaint has ever been made. Moreover, marriage was solemnized long back on 10.07.2016 and, as such, any demand of dowry appears to be not trust worthy is the contention of the learned Advocate for the petitioner. The petitioner is non-else, but the brother-in-law of the informant and the husband has already been granted bail.
5. On the other hand, learned APP for the State and the informant vehemently opposed the bail application and
Patna High Court CR. MISC. No.17207 of 2026(3) dt.24-06-2026 3/3 submit that there is specific accusation that this petitioner was keeping evil eye on the informant and on 08.06.2025 while she was alone, she was assaulted and ravished by the petitioner.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact the petitioner is non-else, but the brother-in-law of the informant; the marriage was solemnized ten years ago and the husband has already been granted bail, besides there is delay in lodging of the F.I.R., let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Mahila P.S. Case No. 47 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T